This agreement contains the terms and conditions that apply to your purchase of products (“Products”) from VIRTIKA, LLC (“FD”). Please read these terms and conditions of sale carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This agreement was last revised on June 1st, 2010.
Price and Payment Terms
Terms of payment are within Virtika’s sole discretion, and unless otherwise agreed to by Virtika, payment must be received by Virtika prior to Virtika’s acceptance of an order. Payment for the Products must be made by credit card (Visa, MasterCard or American Express), debit card (issued by Visa or MasterCard), money order, certified check or some other prearranged payment method. Orders are not binding upon Virtika until accepted by Virtika. Any price quotations given by Virtika will be valid for the period stated on the quotation, with the exception that Virtika reserves the right to reject any sale for any reason, including for a misprint in the price quotation or advertisement. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay unless you provide Virtika with a valid and correct tax exemption certificate (applicable to the Product ship location) prior to Virtika’s acceptance of the order.
Shipping and Title
Virtika will arrange shipping of the Products to your address using a carrier of Virtika’s choice, in Virtika’s sole and absolute discretion. Title and risk of loss to the Products passes to you upon delivery to the carrier. Virtika does not provide insurance on the Products during delivery. The costs of shipping and handling will be shown on your purchase receipt. Virtika will inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond its reasonable control, including shortage of materials, labor strikes, transportation failure, or acts of God.
Inspection of Products Upon Receipt
You must examine the Products when you receive them. If any item is damaged or missing, you must notify Virtika at once. Virtika will not consider any claim for damaged or missing items more than seven (7) days from the date of delivery.
Virtika’s policy is one of an ongoing Product update and revision. Virtika may revise and discontinue Products at any time. Virtika will ship you Products that have the stated quality of the Products you ordered, but changes between what is shipped and what is described in a specification sheet or online catalog, including variations in color, sizes, material and design, are possible.
Many states and localities have codes and regulations governing sales and/or use of Products for certain purposes, which may vary from those in neighboring areas. While Virtika attempts to assure that its Products comply with such codes and regulations, it cannot guarantee compliance, and cannot be responsible for how the Product is used. Before purchase and use of Product, please review national and local codes and regulations to be sure that the Product and use of the Product will comply with them.
Limited Warranty and Disclaimers
Virtika warrants to the original purchaser of the Product that the Product will be free from material defects in materials and/or workmanship from the date of invoice for a period of ninety (90) days, unless otherwise specified. During this warranty period, Virtika will, at its option, repair or replace defective Products. Damage due to shipping the Products to you is covered under this warranty. This warranty does not cover damage due to external causes, including, but not limited to, accident, abuse, misuse, or failure to perform required preventative maintenance. This warranty is void if the Product is taken apart or otherwise disassembled in any manner. Virtika will repair or replace Products returned to its facility in accordance with Return Policy outlined below. Virtika owns all parts removed from repaired Products. If Virtika repairs or replaces a Product, its warranty term is not extended. You must call Virtika during the warranty period in order to be eligible to receive warranty service under this Vitika Warranty.
THE ABOVE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. VIRTIKA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY VIRTIKA, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. COMPATIBILITY OF PRODUCTS IS NEVER GUARANTEED, AND THERE IS NO WARRANTY THAT SEPARATE COMPONENTS WILL FUNCTION AS A SYSTEM. THE ABOVE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Limitation of Liability
VIRTIKA’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN PRODUCTS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THE ABOVE WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
VIRTIKA DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. VIRTIKA WILL NOT BE LIABLE FOR LOST PROFITS, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES TO PRODUCTS. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, VIRTIKA IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If you bought Products directly from Virtika, you may return them to Virtika up to fourteen (14) days from the date of the delivery for a complete refund of the purchase price. To return Products, all items must be still in the plastic, unworn, unwrinkled, with tags still on. You must ship the Products to Virtika in their original packaging and condition, prepay shipping charges and accept the risk of loss or damage during shipment. Virtika will not ship a replacement or exchange until we have received the returned Product.
A return/ exchange may be denied or a restocking fee of 15% of the purchase price will be charged on any returned item which is deemed by Virtika to be used, wrinkled, or without complete tags and/or packaging. (The 15% fee will be assessed at time of refund).
Virtika provides a range of basic support options for the Products via a variety of on-line, telephone, and other methods.
(a) Virtika Internet Site. We recommend that, before calling or emailing customer support, you go to the Virtika Frequently Asked Questions (FAQ’s).
(b) Customer Support Telephone Number. You may contact 1-303-578-8133 for Virtika customer support which can assist you with questions about your purchase, shipment, warranty service, and any exchanges or returns. This is also the number to call to change your address or to inquire about orders, bills and invoices.
(c) Customer Support Email Address. You may contact [email protected] with any questions your purchase, shipment, warranty service, exchanges or returns, and any other general inquiries regarding Virtika or its products.
This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for Product(s) and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Virtika. Virtika may revise this Agreement at any time without notice by updating this posting, and said revisions shall be effective immediately upon posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of which you are bound.
Customer shall not assign any order or any interest therein without the prior written consent of Virtika. Any actual or attempted assignment without Virtika’s prior written consent shall entitle Virtika to cancel such order upon notice to customer.
Choice of Law and Venue
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Colorado excluding conflict of law rules, and venue shall be in Boulder County, Colorado.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Virtika, LLC, 5055 E 38th Ave, Denver CO 80207 USA or by email to [email protected] (in the case of Virtika) or to the email address you provide to Virtika during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless and only unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Virtika during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.